Athar Marad Al-Idz Fi Taqyid Al-Tasarrufat Fi Al-Fiqh Al-Islami
In: Jundi, Ahmad Raja'i, ed., Ru'yah Islamiyah li al-mashakil al- ijtima'iyah li marad al-idz [An Islamic vision for the social problems of AIDS], Kuwait: Islamic Organization for Medical Sciences, 1994: 461-468
This paper was submitted to the symposium on AIDS and its social problems which was held by the Islamic Organization for Medical Sciences (IOMS) in Kuwait during the period 6-8 December 1993. The main thesis of this paper is that AIDS, from an Islamic juristic perspective, should be equated with the concept of death- sickness (marad al-mawt) as outlined in different classical manuals of Islamicjurisprudence. Classical Muslim religious scholars stated that once a person becomes infected with a serious sickness which usually leads irrevocably to death, then his/her financial dispositions which harm the financial interests of the creditors or prospective heirs should be subject to juristic restrictions. The author argues that the same rulings should apply to those who contract AIDS.
Aids; Analogy; Behavior Control; Chronically Ill; Competence; Death; Ethics; Fiqh; Harm; Ijtihad; Islamic Ethics; Law; Modern Muslim Religious Scholars; Muslim Religious Scholars; Patients; Pre-Modern Muslim Religious Scholars; Property Rights; Property; Rights; Schools; Schools of Islamic Law; Social Problems; Socioeconomic Factors; Terminally Ill; Religious Ethics; Death and Dying; Acquired Immunodeficiency Syndrome or HIV Infection;
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